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HomeMy WebLinkAbout20130614 Ver 2_Approval Letter_20140113AL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary January 13, 2014 Craven, Jones and Carteret Counties DWR Project No. 20130614 v.2 Croatan National Forest MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Kevin Rose Federal Highway Administration 21400 Ridgetop Circle Sterling, VA 20166 Dear Mr. Rose: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of bridge and culvert replacements in the Croatan National Forest in Craven, Jones and Carteret Counties: Stream, Buffer and Wetland Impacts in the Neuse and White Oak Basins Approved by the Original Certification dated October 17, 2013 * Neuse Basin ** White Oak Basin Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, NC 27699 -1650 Location: 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity 1 Affirmative Action Employer Phone: 919 - 707 -87851 FAX: 919 - 733 -1290 Internet: www.ncwater.org Stream Stream. Wetland Buffer Zone 1 Buffer Zone 2 Wetland Site Number Permanent Temporary (sq ft) (sq ft) Fill (ac) Temporary 1 1 Fill ac Brown Rd 11.25 29.7 1315 0 0.006 0.014 MP 0.100 * Middle Little Rd 9 30.5 132 0 0 0 MP 3.517 * Middle Little Rd 16.5 16.2 0 0 0.001 0.005 MP 3.953 * Petiford Cr Rd 20 27.5 0 0 0.011 0.017 MP 0.394 ** Black Swamp Rd 16.5 20.3 0 0 0 0.05 MP 4.076 ** Black Swamp Rd 14 48.5 0 0 0.002 0.025 MP 0.630 ** Millis Rd 22 19.6 0 0 0.011 0.030 MP 7.300 ** Total 109.25 192.3 1,447 0 0.031 0.141 Net Total Impacts 301.55 1,447 0.172 * Neuse Basin ** White Oak Basin Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, NC 27699 -1650 Location: 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity 1 Affirmative Action Employer Phone: 919 - 707 -87851 FAX: 919 - 733 -1290 Internet: www.ncwater.org Page 2 of 4 Stream, Buffer and Wetland Impacts in the Neuse and White Oak Basins Approved with this Modification * Neuse Basin ** White Oak Basin Additionally, 0.01 acres of Open Water impacts at the Brown Rd Milepost 0.100 site and 0.013 acres of Open Water impacts at the Middle Little Rd Milepost 3.517 site are approved with this Certification. The project shall be constructed in accordance with your application dated received November 27, 2013. All the authorized activities and conditions associated with the original Water Quality Certification dated October 17, 2013 still apply except where superceded by this certification After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions associated with the original Water Quality Certification dated October 17, 2013 and subsequent modifications still apply except where superceded by this certification. 2. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. Stream Stream Wetland Site Number Permanent Temporary Buffer Zone 1 Buffer Zone 2 Wetland Temporary (sq ft) (sq ft) Fill (ac) 1 1 Fill ac Brown Rd 11.0 29.8 1409 0 0.011 0.011 MP 0.100 Middle Little Rd 20.3 37.1 554 0 0 0 MP 3.517 * Middle Little Rd 4 16.2 0 0 0.001 0.010 MP 3.953 * Petiford Cr Rd 37 37.6 0 0 0.015 0.016 MP 0.394 ** Black Swamp Rd 18.5 22.9 0 0 0.001 0.006 MP 4.076 ** Black Swamp Rd 17.5 46.9 0 0 0.009 0.024 MP 0.630 ** Millis Rd 21.2 19.4 0 0 0.016 0.048 MP 7.300 ** Total 129.5 209.9 1,963 0 0.053 0.115 Net Total Impacts 339.4 1,963 0.168 Difference +29.85 +516 -0.004 * Neuse Basin ** White Oak Basin Additionally, 0.01 acres of Open Water impacts at the Brown Rd Milepost 0.100 site and 0.013 acres of Open Water impacts at the Middle Little Rd Milepost 3.517 site are approved with this Certification. The project shall be constructed in accordance with your application dated received November 27, 2013. All the authorized activities and conditions associated with the original Water Quality Certification dated October 17, 2013 still apply except where superceded by this certification After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions associated with the original Water Quality Certification dated October 17, 2013 and subsequent modifications still apply except where superceded by this certification. 2. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. Page 3 of 4 If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100 A copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Sincerely, N' � 0--� f sr- for Thomas A. Reeder Attachments (General Certification and Certificate of Completion form) cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office Jay Johnson, NCDOT, Division 2 Garcy Ward, DWR, Washington Regional Office File Copy